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O 522 C.S. ORDINANCE NO. 522 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH MAXIMUM BUILDING SIZE FOR COMMERCIAL USES WHEREAS, the City Council adopted the City of Arroyo Grande Development Code, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, the City of Arroyo Grande ("City") has a responsibility to consider available fiscal and environmental resources of the City and the impact large retail stores have on these resources; and WHEREAS, the City's Economic Development Strategy establishes the need for protection and promotion of the overall commercial service and retail business sectors of the local economy; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, the land Use Element of the General Plan of the City adopted on May 22, 1990, establishes the need to ensure the protection of the components of "rural atmosphere" and "small town lifestyle" which include the scale and intensity of development; and WHEREAS, the land Use~ Element of the General Plan of the City further lists objectives limiting the scale of buildings to low-profile, horizontal forms that are compatible with Arroyo Grande's rural, small town atmosphere; and WHEREAS, the City has conducted environmental review for adoption of an ordinance establishing limits on commercial building size, and has found that it can be seen with certainty that there is no possibility that the proposed requirements will have an effect on the environment and therefore this project is exempt from the provisions of CEOA, pursuant to CECA Guidelines Section 15061 (b)(3); and WHEREAS, the City Council has reviewed and considered the information in the proposed document and staff report, as well as public testimony presented at the hearing and make the following findings of fact: A. The proposed limits on commercial building size are consistent with the goals, objectives, policies, and programs of the General Plan, and are necessary and desirable to implement the provisions of the General Plan. ORDINANCE NO. 522 C.S. PAGE 2 B. The proposed limits on commercial building size are necessary because retail stores or businesses in excess of the proposed limits tend to cause an unfair economic advantage over smaller retail stores and businesses and will adversely impact smaller retail stores and businesses and the local economy overall. C. The proposed limits on commercial building size are necessary to reduce the visual impacts associated with large commercial buildings and to sustain and encourage development of small commercial buildings that are more compatible with Arroyo Grande's rural, small town atmosphere. D. The proposed limits on commercial building size will not adversely affect the public health, safety, and welfare. E. The proposed limits on commercial building size are consistent with the purpose and intent of Title 9. F. The potential environmental impacts of the proposed limits on commercial building size are insignificant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Section 9-07.040 is amended as follows: Section 9-07.040 Commercial Site Development Standards The following property development standards shall apply to all land and buildings constructed within their respective commercial Districts. A. General Requirements 1. On lots of record, existing as of the date of adoption of this Title, parcels having less than the minimum required depths need not provide a front building setback or landscape area greater than 1 5 % of the depth of the property (excluding right-of-way area). 2. The creation of new lots within commercial districts following the date of adoption of this Title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shopping center, in which case no minimums are established except at the boundary of the shopping center or commercial development. Parcels created within shopping centers are exempt from the site development standards stated ORDINANCE NO. 522 C.S. PAGE 3 herein, as they relate to minimum site areas, and minimum lot width and depth, as long as the following conditions are met: a. A conceptual development plan for the entire center has been developed and approved pursuant to the provisions of this Title; b. Appropriate easements for reciprocal access, parking and maintenance are recorded, and maintained; and c. All applicable setbacks adjacent to the exterior boundaries of the shopping center or commercial development are met. 3. Table 9-07.040-A sets forth minimum Site Development Standards for Commercial development within Commercial Districts. Table 9-07.040-A Commercial Site Development Standards .>J..),) /;;,.; GC VC ; .'.;(~i;;0/( > 1. Lot area, in square feet 10,000 5,000 10,000 10,000 2. Lot width 80' 50' 80' 80' 3. Lot depth 100' 80' 100' 100' 4. Front building setback, measured 15' 0' 15' 15' from property line 5. Interior side building setback O'a 0' O'a O'a 6. Street side building setback 15' 0' 15' 15' 7. Rear building setback O'a 0' 0'8 0'8 8. Maximum lot coverage 45% 100% 45% 45% 9. Maximum floor area ratio 0.5 1.0 0.5 0.5 10. Maximum building height 30' or 2 30' or 2 30' or 2 30' or 2 stories stories stories stories whichever whichever whichever whichever is less is less is less is less 11. Maximum building size, in square 102,500b 30,000b 102,500 b 102,500b feet Notes to Table 9-07.040-A: a larger setbacks may be required based on special requirements listed in Section 9-07.040 B., surrounding development, or building code regulations. b No new structure, expansion of an existing structure to an adjacent structure or modification of an existinc structure shall be Dermitted nor shall anv business O~INANCE NO. 522 C.S. PAGE 4 license or other permit be issued or renewed, that would allow the creation of a retail store or business with a total space occupying more than 102,500 square feet in the GC, HC, and OP districts and 30, 000 square feet in the VC district. B. Special Requirements 1. Wherever a lot in any commercial District abuts a lot in any residential District, a minimum building setback of 20 feet measured from the property line shall be required. A minimum of 10 feet of this setback area shall be landscaped; the remaining area may be used for required off-street parking. 2. In any commercial District, a two-story addition closer than 50 feet to an existing single family residence shall require Plot Plan Review by the Community Development Director prior to issuance of a building permit. 3. Where off-street parking areas are situated such that they are visible from any street, an earthen berm, wall, or combination wall/berm three feet in height shall be erected within the required landscape area and the parking area to adequately screen said parking areas. 4. In all Commercial Districts other than the VC District, required front and street side building setback areas shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. Where off-street parking is located within such building setback areas, a minimum landscaped area 10 feet in depth, shall be provided between the property line and the off-street parking area, with an additional minimum landscaped area 10 feet in depth required between the parking area and the building. 5. Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. 6. Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities. SECTION 2: Arroyo Grande Municipal Code Section 9-09.010 is amended as follows: Section 9-09.010 Planned Development (P-D) District A. Purpose and Intent ---'"--.- ORDINANCE NO. 522 C.S. PAGE 5 Planned Development (P-D) districts have been established more flexible than those contained elsewhere in Title 9. The purpose of establishing these districts has been to grant or require diversification in the location of structures and other site elements which were believed to be appropriately compatible, while ensuring adequate standards relating to the public health, safety, welfare, comfort, and convenience. B. Applicability The Planned Development District shall apply to existing planned developments of record (listed below) and pending applications complete as of the effective date of this Title. No new Planned Development Districts shall be created subsequent to the effective date of this Title. All ordinances approving or amending a planned development, along with relevant zoning information, shall be included in Appendix 1, and a copy kept in the Community Development Department and City Clerk's offices. P-D-1 .1 = Oak Park Acres Planned Development P-D-1.2 = Rancho Grande Planned Development P-D-1.3 = Royal Oaks Planned Development P-D-1 .4 = Wildwood Ranch Planned Development P-D-1.5 = Okui Planned Development c. Adoption and Amendment of Plans Adoption and amendment of Planned Development Ordinances shall occur in the manner set forth in this Title for Amendments to Zoning Districts (Section 9- 03.040). Amendments to a general or specific development plan relating to an approved Planned Development shall occur in the manner set forth for Conditional Use Permits (Section 9-03.050). Specific development plans shall be required of the. developer as part of an application to amend or change zoning to the Planned Development (P-D) district D. Development Plans and Amendments 1. Specific development plans shall be presented, considered, and approved as part of the rezoning application process. If a subdivision is required, the development plans and the tentative subdivision map shall be submitted simultaneously. 2. The development plans shall include any or all or the following items where applicable: ORDINANCE NO. 522 C.S. PAGE 6 a. A detailed statement of all uses proposed to be established and an indication of the areas to be occupied by each use, as well .as the resulting population and building intensities. The statement shall also include the proposed disposition and use of all areas indicated by the plan as common areas, open spaces, recreation or park areas, school sites, and other such private or public facilities; b. The total development plan, showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school sites, recreational areas, open spaces, and other public or private facilities; c. Detailed engineering site plans, including the proposed finished grades and drainage facilities; d. landscaping plans, in detail, excepting typical single family lot residential areas of 10,000 square feet and over. The street tree planting requirements of the city may be waived, provided that the development plan or covenants provide adequate alternatives to the satisfaction of the Planning Commission and City Council; e. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses, and facilities, and the physical relationship of all elements; f. Detailed engineering plans for the provision of public utilities for the development, including, but not limited to, water, sewer, drainage, street lighting, and fire hydrants; g. Other pertinent information as may be deemed necessary by the Community Development Director, Planning Commission, and/or City Council to determine that the contemplated arrangement of uses make it desirable to apply regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this Title; h. A development schedule indicating the time when the commencement and completion of the construction will occur under the approved development plan; and ORDINANCE NO. 522 C.S. PAGE 7 I. A statement requesting modification of regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this Title. 4. The development plan shall meet or exceed the minimum requirements set forth in other portions of this Title for land uses corresponding to the land uses proposed. 5. Density transfers shall be permitted subject to Planning Commission and City Council approval. E. Permitted Uses The following uses shall be permitted in the Planned Development (P-D) District pursuant to approval by the City Council of the Planned Development ordinance for the area in question: 1. Single family dwellings, duplexes, and multiple family residential structures, including clusters, condominiums, townhouses, and similar concepts; 2. Commercial uses and commercial residential uses compatible with the total development plan, including, but not limited to, mobile home parks, restaurants, specialty shops, motels, and convention facilities; 3. Accessory buildings and uses as shown on the development plan, to be constructed with, or subsequent to, the construction of the main building; 4. Accessory buildings, such as garages, guest houses, or cabanas, subject to the lot coverage requirements set forth in Section 9-09.010 H; and 5. Public and private park and/or recreation facilities, public and private schools, and public utility buildings and structures and uses, not including service, corporation, or storage yards. F. Maximum Allowable Building Size and Height 1. No new structure, expansion of an existing structure to an adjacent structure or modification of an existing structure shall be permitted nor shall any business license or other permit be issued or renewed, that would allow the creation of a retail store or business with a total space occupying more than 102,500 square feet. ORDINANCE NO. 522 C.S. PAGE 8 2. The maximum allowable height for a building or structure within the P-D District shall be as shown on the development plan for the P-D District or as recommended by the Planning Commission. In no case shall any structure be of such height or location as to obscure any view due to elevation differential of building sites. 3. Accessory buildings within the P-D District shall not exceed one story and fourteen feet (14') in height. G. Minimum Building Site and Lot Width 1. Minimum building site and minimum lot width for any permitted use other than single family residences shall be as shown on the development plan, or shall conform to minimum requirements as set forth in other sections of this Title with relation to land use. 2. Minimum lot sizes may be reduced by two thirds (2/3), providing the area of reduction is devoted to common area, open space, green belt, or other recreational uses. H. Maximum Building Site Coverage by Buildings and Structures 1. The maximum coverage of a building site by all structures including accessory buildings permitted in the P-D District, but not including uncovered patios or swimming pools, shall not exceed thirty (30) percent for the P-D District, or as shown on the development plan. 2. Where lot sizes have been reduced as provided for in Section 9-09.010 G, the maximum building coverage may be increased directly in ratio to the reduction of lot size. I. Minimum Yards Required The front, side, and rear yard shall be shown on the development plan or as recommended by the Planning Commission. If front, side, and rear yards are not represented on the development plan, then yard requirements shall conform to the minimum requirements as set forth in other sections of this Title. J. Fences, Walls, And Access Fences and walls may be shown on the development plan and approved or required by the Planning Commission in the P-D District. If such fences and walls are not shown, the following shall apply: 1. Fences, hedges, and walls not to exceed six feet (6') in height may occupy any side or rear yard, provided: -- ORDINANCE NO. 522 C.S. PAGE 9 a. That such fences, hedges, and walls do not extend into any required front yard setback, and in the case of a corner lot, such fence does not extend into the required side yard setback adjacent to the street. Such fences, hedges, and walls shall not exceed three feet (3') in height in aforementioned required setbacks. b. That if there is over one foot (1') difference in elevation between contiguous buildings sites, the six foot (6') maximum height shall be a combination of the difference in elevation plus the height of the fence, providing that regardless of any difference In elevation, a fence not to exceed forty inches (40") may be built in such areas, and further providing that if written approval of the adjoining property owner is obtained, and a permit is obtained from the City Community Development Department, such fence may be built to a maximum of six feet (6') above the finished grade. 2. Fences exceeding six feet (6') in height to enclose a court area, tennis court, or similar area, may be erected subject to obtaining a Conditional Use Permit, if such fence is constructed of open mesh wire and is on the rear one-half (1/2) of a lot. 3. A six foot (6') fence shall be required surrounding a swimming pool. Upon securing a Conditional Use Permit, any such fence may be erected exceeding the required height in this paragraph. 4. Access to any parking area, ponding area, or public street shall be shown on the development plan. K. Required Minimum Off-street Parking 1. All residential uses shall have a minimum of two (2) garage spaces. 3. All other uses shall have off street parking provided as required by the provisions of Chapter 9-12 of this Title. L. Utilities 1. Utility lines in the P-D district, including, but not limited to electric, communications, street lighting, and cable television, shall be required to be placed underground except that electric utility lines shall be required to be placed underground only to the extent required for so- called streamline installation. Where streamline installation is used, the service lines running from the transmission lines to each residence or ORDINANCE NO. 522 C.S. PAGE 10 other service unit shall be placed underground, and only the transmission lines may be above ground, on streamline poles which contain transformers. Transmission lines may be placed underground at the option of the developer or utility with the concurrence of the Planning Commission. Where transmission lines are placed underground, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be placed above ground provided such appurtenances are landscaped to the satisfaction of the Planning Commission. 2. The developer or builder shall be responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. 3. Utility lines that do not provide service to the areas being developed, but which pass through or alongside such areas, may be placed above ground only after plans for such installation have been submitted to and approved by the Planning Commission. M. Variation from Minimum Requirements Variations from minimum requirements referred to in subsection D.2 of Section 9-09.010 (Development Plan) of this Title may be permitted in the Planned Development (P-D) District. The approval of any plan that requires such variations shall be approved by not less than a majority vote of the total membership of the Planning Commission upon a finding that such variations will produce anyone or more of the following results: 1. Reduce the area and unsightliness of cut and fill banks; or 2. Reduce the danger of erosion; or 3. Create a better community environment through the dedication of public areas, rearrangement of lot sizes, or reforestation of barren areas; or 4. Create other improvements or permit the use of techniques which will produce a more desirable and livable community than can be obtained by strict compliance with such minimum requirements. N. Grading -~~ -.-..-- ORDINANCE NO. 522 C.S. PAGE 11 No construction or grading shall be done until both development plans and subdivision plans have been adopted as set forth in this Title; provided, however, minor grading which is necessary for the enjoyment or safety of the existing use shall be allowed as a matter of right and subject only to City laws pertaining to grading. o. Subdivision In the P-D District, where from the nature of the size, location, shape, or topography of the parcel of land, or where from the nature of the improvements of development shown on the development plan, or any combination of these factors, it appears to the Community Development Director that a future division of ownership or subdivision of said parcel would be required for orderly development, the Community Development Director may require the filing of a tentative subdivision map, as provided in the land division provisions of this Title, and the performing of any other acts required in such regulation. Where any requirement of the land division provisions requires any specific act of the land owner or subdivider, the approval of any development plan shall not become effective until compliance has been made with such subdivision provisions. P. Reversionary Clause Any land classified as a P-D District shall revert to its former classification in the event that any portion of the development is not commenced within one (1) year from the effective date of the ordinance classifying said land into a P-D district. If rezoning is initiated by the Planning Commission or City Council, such reversion shall not take effect. SECTION 3: Arroyo Grande Municipal Code Section 9-18.030 -R- is amended as follows: Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Restricted Parking: Situation where no on-street parking is permitted along the street frontage, or where on-street parking is prohibited during specified hours every day. Room (Habitable): Room meeting the requirements of this Title for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. -- ORDINANCE NO. 522 C.S. PAGE 12 Recyclable Material: Reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recycling Facility: "Recycling Facility" shall mean a center for the collectionand/or processing of recyclable materials. A Certified Recycling Facility or Certified Processor means a Recycling Facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1 986. A Recycling Facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recyclable Material: Reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recycling Facility: "Recycling Facility" shall mean a center for the collection and/or processing of recyclable materials. A Certified Recycling Facility or Certified Processor means a Recycling Facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A Recycling Facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by the residential property, business or manufacturer. Religious Institutions: Any buildings which are used primarily for religious worship and related religious activities. Research and Development: A use engaged in study, testing., design, analysis, and experimental <;tevelopment of products, processes, or services, including incidental manufacturing of products or provision of services to others. Residential Care Facility: Any family home, group care facility, or similar facility for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential Use: Any building which is lawfully used for living or dwelling purposes. Residential Zoning District: Means property in the RE, RH, RR, RS, SF, VR, MF, MFA, SR, MHP, and PD districts. ORDINANCE NO. 522 C.S. PAGE 13 Restaurant: A use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, and similar uses, and including licensed "on-sale" provision of wine and beer for consumption on the premises when accessory to such food service. Retail Store: Any building or structure in which one or more articles or merchandise or services are sold or provided at retail, including department stores. Right-of-Way: A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses. Reverse Vending Machine(s): Automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary. A Bulk Reverse Vending Machine refers to a Reverse Vending Machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. Roof Line: Intersection of the plane of an exterior building wall and the primary roof plan of the building. Run with the Land: A covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful. SECTION 5: A summary of this Ordinance shall be published in a newspaper . published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen ._---,_._~------ ORDINANCE NO. 522 C.S. PAGE 14 (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall become effective thirty (30) days after the date of its adoption. On motion of Council Member Ferrara, seconded by Council Member Dickens and on the following roll call vote, to-wit: A YES: Council Members Ferrara, Dickens, lubin, and Mayor lady NOES: Council Member Runels ABSENT: None the foregoing Ordinance was adopted this 9th day of January, 2001. - --~."....- ORDINANCE NO. 522 C.S. PAGE 15 ~...~ . MICHAEL A. .LADY. MAY~ - - ATTEST: U()ILR- , IRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~- .. ~~~ Srt ADAMS, CITY MANAGER APPROVED AS TO FORM: . , OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy ~~ty Clerk of the City of Arroyo Grande, County of San luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 522 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of January, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 th day of January, 2001. /1,/J20-- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK